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Cheerleader Uniforms (and 3D Printing) Are Going to the Supreme Court!

by • May 3, 2016 • No Comments

Monday, the U.S. Supreme Court revealed which
it may be thinking Star Althletica v. Varsity Brands, destined to be understand
n as “the cheerleader uniform case.” On its face, the case is focused on the pretty metaphysical question of when a tennis skirt and tank top cross the line into being a cheerleader uniform.

, as we’ve written of preceding, the real question in the case is how copyright should apply to works which
mix creative and functional elements. Copyright protects creative works but not functional works, so drawing which
line can be amazingly
significant. Unfortunately, already there are at very least 10 various (pretty conflicting) tests which
try and instruction the analysis.

Earlier this year Sydney Lakin and Bill Koch at Stanford Law School’s Juelsgaard IP and Innovation Clinic helped us, along with Formlabs and Matter and Form, ask the Supreme Court to step in and pick one definitive test.

Why do we care so much? Many 3D printed objects combine both functional and create elements. Understanding if – and how – copyright applies to them is the initially step in belief licensing, use, and most
other aspects of those objects.

We don’t understand
when the case can be heard yet (although we are certain
it won’t be until after the summer). We’ll be certain
to store you up to date on the developments as they come out. In the meantime, if you have any inquiries
feel free to leave them in the comments or tweet them to @MWeinberg2D.

Image courtesy petful.

3D printingcopyrightIP

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